Contacting homeowners in Washington: Do Not Call and telemarketing rules for investors

Washington telemarketing rules for real estate investors: the two layers

Picture an investor who gets a list of homeowners on a Monday and starts dialing that evening, one number after another, until the phone rings in a house where someone just lost a spouse. That single habit is where most telemarketing trouble starts. Washington telemarketing rules for real estate investors are easiest to understand if you split them into two layers.

Federal law applies everywhere. The Telephone Consumer Protection Act and the FTC's Telemarketing Sales Rule set the National Do Not Call Registry, calling-hour limits, caller identification duties, and limits on autodialed and prerecorded calls and texts.

Washington adds its own statutes. The state has a commercial telephone solicitation law (RCW chapter 19.158), a telephone solicitation statute (RCW 80.36.390), a ban on using automatic dialing and announcing devices for commercial solicitation (RCW 80.36.400), a limit on commercial text messages (RCW 19.190.060) and a general Consumer Protection Act. These can reach conduct that federal law alone would not, and they can be enforced by the state or by private parties.

Whether an investor's call to a homeowner counts as a covered solicitation can turn on the facts and on exemptions. Do not assume you are exempt. Ask an attorney who knows Washington law before you build a calling program.

Contact methods compared for Washington outreach

Rules vary by state. General information, not legal advice.

What Do Not Call means for your outreach

The National Do Not Call Registry lets people list their personal numbers to opt out of most sales calls. Sellers who call numbers on the registry can face complaints and enforcement, and Washington law also bars telephone solicitations to numbers on the federal registry (RCW 80.36.390). Numbers are not removed from the registry automatically; they come off only at the owner's request or when the number is disconnected and reassigned (15 U.S.C. 6155), so an old number on the list is still a risk.

Keep your own internal list too. If someone says "stop calling," you need to honor that and record it. A company-specific do-not-call request must be honored no matter what the national registry says (47 CFR 64.1200(d); 16 CFR 310.4(b)(1)(iii)(A)), and under Washington law the caller must end the call within 10 seconds and make no further solicitation calls to that number for at least one year (RCW 80.36.390).

Some outreach may fall outside the registry in certain circumstances, such as a call to someone you already have an existing business relationship with, or one made with the person's signed permission. These exceptions are narrow and fact-dependent. A public filing does not by itself give you permission to phone someone.

• Check your numbers against the registry according to current FTC requirements before you call.
• Keep a written record of opt-out requests and honor them promptly.
• Do not rely on a general belief that "it is a business purchase, so rules do not apply." Get advice on your specific model.

Hours, identification, and call conduct

Federal rules bar telemarketing calls before 8 a.m. or after 9 p.m. in the called person's local time. Washington's limits are stricter: a telephone solicitation may not be received before 8 a.m. or after 8 p.m. at the recipient's local time, and the caller must give their name, the company and the purpose of the call within the first 30 seconds (RCW 80.36.390, 19.158.110). Statutes get amended, so an attorney can confirm the current details.

Say who you are, right away. State your name, your company, and that you are interested in buying property. Do not pretend to be a neighbor, an agent for the bank, or anyone else. Misleading statements can bring Consumer Protection Act claims and, more importantly, damage your name in a community where sellers talk.

Do not call repeatedly after a clear no. Do not imply the person has no other choice or that the house will be taken from them if they do not talk to you. If the person tells you to put it in writing or to talk to a family member or lawyer, agree and let them.

Texts, robocalls, and voicemail drops

Automated dialing, prerecorded voices, and ringless voicemail raise the risk level quickly. Federal law generally requires prior express written consent for prerecorded or artificial-voice sales calls, and for autodialed calls and texts to cell phones. Washington goes further: it bars using an automatic dialing and announcing device (one that dials numbers and plays a recorded or artificial voice message, including a message left in voicemail) for commercial solicitation (RCW 80.36.400).

Treat marketing texts as calls. Washington also bars sending a commercial text message (one that promotes real property, goods or services for sale or lease) to a Washington cell number unless the person clearly and affirmatively consented in advance (RCW 19.190.060, 19.190.070). A mass text to a list of homeowners is a common source of complaints and lawsuits. If you plan to text at all, get advice first about consent, opt-out handling, and how the rules apply to your messages.

Many homeowners now treat unknown-number texts as scams. Even where legal, a bulk text rarely builds the trust you need with someone in a stressful situation.

Lower-pressure ways to reach people in hard situations

Many of the owners you hope to help are dealing with a death, a divorce, or money trouble. A cold call at the wrong moment can feel invasive. A short, honest letter, sent once or twice, gives people time to think and lets them choose to reach you.

Plain wording works best: who you are, that you buy houses, that there is no obligation, and how to reach you when they are ready.

Keystone Court Data delivers public court filings with the owner and property already matched, so your time goes to respectful outreach instead of volume. You can see how that works at how it works or look at Washington coverage. Whatever channel you choose, the compliance duties above stay with you.

Write down your process. A short script, an opt-out log, and a rule for when to stop contacting someone will protect you and the people you contact.